Madras High CourtCONT P(MD)/1376/2016closed

M.Muniyandi v. Thiru Rajamani

2016-11-02Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Contempt Petition (MD) No.1376 of 2016 M.Muniyandi ... Petitioner Vs.

Thiru.Rajamani, The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

... Contemnor/Respondent Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent herein for his deliberate and willful disobedience of the Order of this Hon'ble Court dated 12.09.2016 in Writ Petition (MD) No.17198 of 2016 amounting to Contempt of Courts Act, 1971. Prayer in WP(MD). 17198/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to release forthwith the 2 Tipper Lorries bearing Registration Nos.TN 67 AQ 6832 and TN 67 AQ 6834 respectively and one JCB bearing Registration No. TN 84 C 3062.

For Petitioner : Mr.T.Cibichakraborthy For Respondent : Mr.V.Muruganandam Additional Government Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for respondent.

2. The contempt petition has been filed for the alleged violation of the order of this court passed in W.P.(MD) No.17198 of2016 dated 12.09.2016.

3. According to the petitioner, as per the order passed by this Court the respondent is not releasing the vehicles involved in the case.

4. Today, the learned Additional Government Pleader appearing for the respondent submitted that the vehicles have been https://hcservices.ecourts.gov.in/hcservices/

seized by the respondent in connection with Crime No.325 of 2016.

5. As one of the conditions in the order dated 12.09.2016 is that the petitioner is not entitled for release of the vehicle if the vehicle is in police custody, hence, the petitioner is not entitled to the relief prayed for.

6. Accordingly, this Contempt Petition is dismissed. However, the petitioner is at liberty to approach the Criminal Court, seeking release of the vehicle.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To Thiru.Rajamani, The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.65310 +1 CC to Mr.T.CIBI CHAKRABORTHY, Advocate, SR No.68686 Contempt Petition (MD) No.1376 of 2016 02.11.2016 sj SH/DB:24.11.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/